Legal Opinions of the Attorney General - Yearly Index

Does defendant validly hold the position of Superintendent of the La Puente Valley Regional Occupational Program following the refusal of the Joint Board of Management to renew defendant's contract upon its expiration on June 30, 1993?

An action in quo warranto tests a person's right or entitlement to a position which constitutes a "public office." The position of Superintendent of the La Puente Valley Regional Occupational Program is not a public office for purposes of a quo warranto action. Consequently, leave to sue is denied.

May a vendor at a sports card show offer a "grab bag" of cards for sale if the purchasers are told that the total value of the cards is at least equal to the purchase price and that the bag may contain a prize of substantial value?

A vendor at a sports card show may not offer a "grab bag" of cards for sale if the purchasers are told that the total value of the cards is at least equal to the purchase price and that the bag may contain a prize of substantial value.

Are counties which have assumed responsibility for enforcement of the State Employee Housing Act authorized to charge fees in amounts reasonably necessary to recover their costs of providing inspection and permit services, notwithstanding lower fee limits set by the Department of Housing and Community Development?

Counties which have assumed responsibility for enforcement of the State Employee Housing Act are authorized to charge fees in amounts reasonably necessary to recover their costs of providing inspection and permit services, notwithstanding lower fee limits set by the Department of Housing and Community Development.

1. What constitutes the application period during which absentee ballot applications are to be processed by the county clerk?

2. May absentee ballot applications which are received prior to the application period be processed when received?

3. May candidates for office have access to unprocessed absentee ballot applications?

4. Due to staffing and security needs, may a county clerk refuse access to unprocessed absentee ballot applications by candidates for office?

5. If one candidate for office has been given access to unprocessed absentee ballot applications, must all candidates for office be granted access regardless of staffing limitations?

6. May a county refuse to give access to unprocessed absentee ballot applications by disclosing instead, after the applications have been processed, the names and addresses of those requesting the ballots?

1. The application period during which absentee ballot applications are to be processed by the county clerk covers the period between the 29th and 7th day prior to an election.

2. Absentee ballot applications which are received prior to the application period may not be processed when received.

3. Candidates for office may have access to unprocessed absentee ballot applications.

4. Due to staffing and security needs, a county clerk may temporarily refuse access to unprocessed absentee ballot applications by candidates for office.

5. If one candidate for office has been given access to unprocessed absentee ballot applications, all candidates for office must be granted access to applications unless staffing limitations reasonably prevent immediate access.

6. A county may not refuse to give access to unprocessed absentee ballot applications by disclosing instead, after the applications have been processed, the names and addresses of those requesting the ballots.

May a jail inmate's property be searched without a search warrant after completion of the booking process?

A jail inmate's property may be searched without a search warrant after completion of the booking process to accommodate legitimate institutional needs and objectives as well as when the inmate no longer has a reasonable expectation of privacy with respect to the property to be searched.

May a school district administer a test, questionnaire, survey, or examination containing questions about a pupil's or his parents' or guardians' beliefs or practices with respect to the topics of sex, family life, morality, or religion, without receiving written permission from the parent or guardian?

A school district may not administer a test, questionnaire, survey, or examination containing questions about a pupil's or his parents' or guardians' beliefs or practices with respect to the topics of sex, family life, morality, or religion, without receiving written permission from the parent or guardian.

Is an alcoholism or drug abuse recovery or treatment facility that provides 24-hour care for adults subject to the statutes and regulations governing "residential care facilities"?

An alcoholism or drug abuse recovery or treatment facility that provides 24-hour care for adults is not subject to the statutes and regulations governing "residential care facilities"; rather, it is subject to the statutes and regulations specifically governing alcoholism and drug abuse recovery and treatment facilities.

Are federal correctional officers employed by the Bureau of Prisons and assigned to duties in California exempt from those provisions of the Dangerous Weapons Control Law which prohibit the carrying of concealed or loaded firearms?

Federal correctional officers employed by the Bureau of Prisons and assigned to duties in California are exempt from those provisions of the Dangerous Weapons Control Law which prohibit the carrying of concealed or loaded firearms.

Does Penal Code section 890 require compensation to be paid to a grand juror for attendance at (1) a called meeting of the entire grand jury, (2) an indictment proceeding, (3) a committee meeting when the grand jury has elected to conduct an investigation by committee, (4) an interview or investigation conducted by to or more grand jurors in carrying out their duties, (5) any location while performing assigned duties as approved by the requisite number of grand jury members, (6) a called orientation meeting, and (7) a called training session?

Penal Code section 890 requires compensation to be paid to a grand juror only for attendance at a called meeting of the entire grand jury, including an indictment proceeding.

May an individual simultaneously hold the positions of California deputy attorney general and City public utilities commissioner under the terms of the City's charter?

Leave to sue is granted to determine whether an individual simultaneously hold the positions of California deputy attorney general and City public utilities commissioner under the terms of the City's charter.

The Fresno Police Officers Association ("FPOA") and the Fresno Firefighters, International Association of Firefighters Local 753 ("Local 753") have requested leave to sue the City of Fresno in quo warranto pursuant to section 803 of the Code of Civil Procedure to test the validity of a 1993 amendment to the Fresno City Charter which repealed the "eight-city formula" for setting salaries of policemen and firemen in the city.

Leave to sue is granted to test whether the 1993 amendment to the Fresno City Charter which repealed the "eight-city formula" for setting salaries of policemen and firemen in the city is invalid by reason of noncompliance by the city with the requirements of the Meyers-Milias-Brown Act.

May a city enforce an annexation agreement executed by the city and a landowner of unincorporated property which requires the landowner, as a condition of receiving city sewer services, to waive his or her right to protest the annexation of the property to the city when such becomes legally permissible, with the waiver binding upon the landowner, future owners, long-term lessees, and other persons residing on the property?

A city may enforce an annexation agreement executed by the city and a landowner of unincorporated property which requires the landowner, as a condition of receiving city sewer services, to waive his or her right to protest the annexation of the property to the city when such becomes legally permissible, with the waiver binding upon the landowner, future owners, long-term lessees of on the property, but not other persons residing on the property unless they have actual knowledge of the agreement.

With respect to a pharmaceutical company's clinical research program in which patients will be paid for participation in the program and will receive free drugs, medical care, and laboratory evaluations, may the company pay referral and evaluation fees to physicians for referring their patients to the program and for evaluating the results of the program?

With respect to a pharmaceutical company's clinical research program in which patients will be paid for participation in the program and will receive free drugs, medical care, and laboratory evaluations, the company may not pay referral and evaluation fees to physicians for referring their patients to the program and for evaluating the results of the program.

1. Do counties have the authority to increase their local sales tax by 0.5 percent beyond the 1.25 percent of the Bradley-Burns Uniform Local Sales and Use Tax Law and a 1 percent transactions and use tax that some counties have already imposed?

2. If counties have such authority to increase their local sales tax, is that authority immediately available?

3. If counties have such authority to increase their local sales tax, are they required to share the tax proceeds with cities or other agencies?

1. Counties have the authority to increase their local sales tax by 0.5 percent beyond the 1.25 percent of the Bradley-Burns Uniform Local Sales and Use Tax Law and a 1 percent transactions and use tax that some counties have already imposed.

2. Such authority of counties to increase their local sales tax is immediately available but collection of the tax is dependent upon first obtaining the approval of two-thirds of the county board of supervisors, the approval of a majority of the county electorate, and the administrative services of the State Board of Equalization.

3. Counties are not required to share their tax proceeds with cities or other agencies when exercising their authority to increase the local sales tax.

May the Legislature create a regional public agency, delegating to the agency's appointed commissioners the authority to make decisions affecting land use and land use policies?

The Legislature may create a regional public agency, delegating to the agency's appointed commissioners the authority to make decisions affecting land use and land use policies, provided that the powers conferred upon the agency are not local in nature and the Legislature makes the necessary "fundamental policy determinations" in the enabling legislation.

Is the California legislation precluding investment of state trust moneys in business firms or financial institutions which participate in or comply with the Arab League's economic boycott against Israel preempted by the United States Export Administration Act?

the California legislation precluding investment of state trust moneys in business firms or financial institutions which participate in or comply with the Arab League's economic boycott against Israel is preempted by the United States Export Administration Act.

May a city adopt an ordinance making it a misdemeanor for any person present during a duly conducted closed session of a city council meeting to publicly disclose the substance of any discussion properly held during the session unless so authorized by the council?

A city may not adopt an ordinance making it a misdemeanor for any person present during a duly conducted closed session of a city council meeting to publicly disclose the substance of any discussion properly held during the session unless so authorized by the council.

When a redevelopment agency calculates the 20 percent "set-aside" for low-and-moderate-income housing, is the set-aside based upon the total tax increment revenues allocated to the agency irrespective of any subsequent transfers made by the agency to other public entities?

When a redevelopment agency calculates the 20 percent "set-aside" for low-and-moderate-income housing, the set-aside is based upon the total tax increment revenues allocated to the agency irrespective of any subsequent transfers made by the agency to other public entities.

1. Are local building departments responsible for enforcing the access requirements of the Americans with Disabilities Act incorporated into California law by chapter 913 of the Statutes of 1992?

2. If not, are local building departments authorized to elect to enforce the federal requirements incorporated into California law?

3. If so, are local building departments immune from liability for enforcing these state building requirements?

4. Is the California Attorney General responsible for enforcing the federal access requirements or civil rights provisions incorporated into California law by chapter 913 of the Statutes of 1992?

1. Local building departments are not responsible for enforcing the access requirements of the Americans with Disabilities Act; however he are required to enforce state and local building codes which have incorporated the federal requirements.

2. Local building departments are not authorized to elect to enforce the federal requirements; however, they are required to enforce state and local building codes which have incorporated the federal requirements.

3. Local building departments are generally immune from liability for enforcing these state building requirements.

4. The California Attorney General may bring a civil rights action to enforce state access requirements in certain circumstances; the responsibility for bringing actions to secure compliance with federal access requirements rests with private parties and the United States Attorney General.

1. Is the State Board of Equalization required to disclose information concerning individual properties selected for appraisal in an assessment standards survey?

2. Is the State Board of Equalization required to disclose parcel numbers of individual properties selected for appraisal in an assessment standards survey?

1. The State Board of Equalization is not required to disclose other than to an assessee information consisting of appraisal data concerning individual properties selected for appraisal in an assessment standards survey.

2. The State Board of Equalization is required to disclose parcel numbers of individual properties selected for appraisal in an assessment standards survey unless it can demonstrate that on the facts of the particular case the public interest served by not identifying the parcels clearly outweighs the public interest served by disclosure.

Does the doctrine of incompatible public offices preclude a person from holding simultaneously the offices of director, San Gorgonio Pass Water Agency, and director, Beaumont-Cherry Valley Water District?

The doctrine of incompatible public offices precludes a person from holding simultaneously the offices of director, San Gorgonio Pass Water Agency, and director, Beaumont-Cherry Valley Water District.

Is the position of Fire Chief of the Hesperia Fire Protection District a public office? If so, is the holding of that office incompatible with concurrent membership on the board of directors of the Hesperia Fire Protection District and memberhip on the Hesperia City Council?

Whether the position of Fire Chief of the Hesperia Fire Protection District is a public office presents a substantial question of fact and law. Leave to sue in quo warranto is granted to test the right of defendant to hold concurrently the positions of Fire Chief of Hesperia Fire Protection District, director of the Hesperia Fire Protection District, and member of the Hesperia City Council.

What limitations are placed upon the frequency of adjourned regular meetings of a county board of supervisors that are held outside the county seat?

No express statutory limitations are placed upon the frequency of adjourned regular meetings of a county board of supervisors that are held outside the county seat; accordingly, the frequency of such meetings is for the board of supervisors to determine in the exercise of its discretion.

1. May the Commission on Peace Officer Standards and Training adopt a regulation authorizing the withdrawal or cancellation of a valid certificate previously issued by it to a peace officer who has been convicted of, or entered a plea of guilty or nolo contendere to, an offense punishable in the discretion of the court by imprisonment in the state prison or by fine or imprisonment in the county jail, and (A) for which punishment has been imposed other than imprisonment in the state prion, or (B) for which probation was granted without imposition of sentence and at the time of granting probation, or thereafter upon the application of the defendant or probation officer, the court declared the offense to be a misdemeanor?

2. May the Commission on Peace Officer Standards and Training adopt a regulation authorizing the withdrawal or cancellation of a valid certificate previously issued by it to a peace officer who has been adjudicated by a court of competent jurisdiction as a person falling within the peace officer disqualification provisions of Government Code section 1029, subdivision (a)?

1. Without specificity regarding moral unfitness, the Commission on Peace Officer Standards and Training may not adopt a regulation authorizing the withdrawal or cancellation of a valid certificate previously issued by it to a peace officer who has been convicted of, or entered a plea of guilty or nolo contendere to, an offense punishable in the discretion of the court by imprisonment in the state prison or by fine or imprisonment in the county jail, and (A) for which punishment has been imposed other than imprisonment in the state prion, or (B) for which probation was granted without imposition of sentence and at the time of granting probation, or thereafter upon the application of the defendant or probation officer, the court declared the offense to be a misdemeanor.

2. May the Commission on Peace Officer Standards and Training adopt a regulation authorizing the withdrawal or cancellation of a valid certificate previously issued by it to a peace officer who has been adjudicated by a court of competent jurisdiction as a person falling within the peace officer disqualification provisions of Government Code section 1029, subdivision (a)?

Does a city council's approval of the renewal, sale, assignment, or transfer of a cable television franchise held by a city council member constitute the "making of a contract" prohibited by Government Code section 1090?

A city council's approval of the renewal, sale, assignment, or transfer of a cable television franchise held by a city council member constitute the "making of a contract" but would not be prohibited by Government Code section 1090 if the rule of necessity is applicable in the particular circumstances.

Is Fish and Game Code section 7147 constitutional in requiring owners and operators of commercial passenger fishing boats to ensure that all persons fishing from their boats are in possession of a valid fishing license?

Fish and Game Code section 7147 is constitutional in requiring owners and operators of commercial passenger fishing boats to ensure that all persons fishing from their boats are in possession of a valid fishing license.

Does a former judge of a court of record in this state who was defeated in a judicial election and who retired or resigned prior to the expiration of his term, and who has received a certification from the Commission on Judicial Performance that no formal disciplinary proceeding was pending at the time of his retirement or resignation, have the power to administer oaths or affirmations?

A former judge of a court of record in this state who was defeated in a judicial election and who retired or resigned prior to the expiration of his term, and who has received a certification from the Commission on Judicial Performance that no formal disciplinary proceeding was pending at the time of his retirement or resignation, has the power to administer oaths or affirmations.

Debra Dorst-Porada, Relator, has requested leave to sue James R. Fatland in quo warranto pursuant to section 803 of the Code of Civil Procedure to rest his right to hold the office of Mayor of the City of Ontario.

Leave to sue is granted to test whether Mayor Fatland forfeited his office under the terms of Article XII, section 7 of the California Constitution.

1. Is an "official declaration of policy" required for a special district to provide health benefits to its elective officers pursuant to Government Code sections 53200-53210?

2. May a special district provide health benefits to the spouses and dependents of former directors pursuant to Government Code sections 53200-53210?

3. May directors of special districts qualify as "employees" or "annuitants" under the Public Employees' Medical and Hospital Care Act?

1. An "official declaration of policy" is not required for a special district to provide health benefits to its elective officers pursuant to Government Code sections 53200-53210 unless the particular district's organic act so requires.

2. A special district may provide health benefits to the spouses and dependents of former directors pursuant to Government Code sections 53200-53210 to spouses and dependents of former directors who served in office after January 1, 1981, and whose length of service at the time of termination was not less than twelve years.

3. Directors of special districts may qualify as "employees" or "annuitants" under the Public Employees' Medical and Hospital Care Act.

May a general law county or a general law city enter into a "job order contract" in excess of $50,000 for the performance of public projects involving minor construction, and the renovation, alteration, painting and repair of existing facilities?

A general law county or a general law city may not enter into a "job order contract" in excess of $50,000 for the performance of public projects involving minor construction, and the renovation, alteration, painting and repair of existing facilities, except under narrowly defined statutory conditions applicable only to counties.

May a city authorize its residents to install basketball standards in the public right-of-way between the sidewalks and street curbs of residential neighborhoods so that the backboards face the streets and extend beyond the curbs?

A city may authorize its residents to install basketball standards in the public right-of-way between the sidewalks and street curbs of residential neighborhoods so that the backboards face the streets and extend beyond the curbs, provided that the safety and convenience of the traveling public are protected.

Over what kinds of hearings in connection with juvenile delinquency proceedings may a juvenile court commissioner preside, other than by stipulation?

Other than by stipulation, a superior court commissioner appointed to act as a juvenile court referee may, subject to a hearing de novo by a juvenile court judge, preside over any hearing in connection with juvenile delinquency proceedings, other than a jurisdictional hearing, as may be assigned by the presiding judge of the juvenile court.

Do the fire safety standards adopted by the Board of Forestry for development on state responsibility area lands apply to the perimeters and access to buildings constructed after January 1, 1991, on parcels created by parcel or tentative maps approved prior to January 1, 1991?

The fire safety standards adopted by the Board of Forestry for development on state responsibility area lands apply to the perimeters and access to buildings constructed after January 1, 1991, on parcels created by parcel or tentative maps approved prior to January 1, 1991, to the extent that conditions relating to the perimeters and access to the buildings were not imposed as part of the approval of the parcel or tentative maps.

1. Is a local agency prohibited from charging building permit and similar fees which exceed the estimated reasonable costs of providing the services rendered unless the amounts of the fees are approved by the electorate?

2. May a local agency charge building permit and similar fees based upon the Uniform Building Code Valuation Tables which are in excess of the estimated reasonable costs of providing the services rendered unless the amounts of the fees are approved by the electorate?

3. If a local agency charges building permit and similar fees based upon the Uniform Building Code Valuation Tables without supporting evidence regarding the relationship between the fees and the services rendered, are such fees valid?

1. A local agency is prohibited from charging building permit and similar fees which exceed the estimated reasonable costs of providing the services rendered unless the amounts of the fees are approved by the electorate.

2. A local agency may not charge building permit and similar fees based upon the Uniform Building Code Valuation Tables which are in excess of the estimated reasonable costs of providing the services rendered unless the amounts of the fees are approved by the electorate.

3. If a local agency charges building permit and similar fees based upon the Uniform Building Code Valuation Tables without supporting evidence regarding the relationship between the fees and the services rendered, such fees are valid to the extent they exceed the reasonable costs of providing the services rendered.

May a school district rent a vacant classroom to a religious organization for use on Sunday?

Pursuant to the Civic Center Act, California has established a "civic center" [designated public forum] in its public schools, thereby permitting the state to allow religious organizations which lack suitable facilities limited access to public school facilities for use on Sunday, or other non-instructional time, so long as the organization is charged an amount at least equal to the school district's direct costs.

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